T-Mobile USA, Inc. v. National Labor Relations Board[1] or the Case of “Woulda, Coulda, Shoulda.” Employers are caught between a rock and a hard place. Courts demand rules for employee conduct, but, when employers oblige and spell out what seem to most to be common sense “I-learned-that-in-kindergarten” rules, they may run into trouble under Section 7 of the National Labor Relations Act (“NLRA” or the “Act”). Aside from general confusion, this can be a bitter…
A Return to Common Sense: Fifth Circuit Guidance on Handbooks
Judge Blocks Overtime New Rules. So now what?
The stunning news: The new overtime regulations set to go into effect on December 1, 2016, are now on hold due to a Texas judge’s ruling yesterday November 22, 2016, barring implementation nationwide. How did we get here? So now what do employers do? In my little corner of the law, overtime has been a central focus—in individual and class action lawsuits and, for over two years, in predicting and then ciphering the new regulations…
Christmas in July: Avoiding the Grinch
Practically Dealing With The December 1st Overtime Regulations—Five Months Out After much angst, the Department of Labor’s newest and most onerous overtime regulations become effective December 1st, right in time for the holidays. Goody! As of that date, if employers are not ready, haven’t revised pay procedures, and put in new accounting processes, well, “TB”—and some might add another letter in there. The “too bad” means that the DOL can, at 12:00 a.m. on 12/01/2016,…
Dewan – Game-changing Overtime Case for Energy Industry
AJ Johnson discusses the Dewan decision in her post on the Energy Law Today blog.aj
What Texas Employers Need to Know Regarding the Open Carry Law
This blog was co-authored by AJ Johnson and Trent Rexing. The New Year brought new law to Texas making it the 45th state to allow some form of open carry of handguns. On January 1, 2016, new law went into effect allowing Texans who hold a concealed handgun license (“CHL”) to openly carry their handguns in public. The new law effectively allows licensed individuals to openly carry their firearms in many of the same places…
New DOL Overtime Regulations
Director AJ Johnson’s latest post on Energy Law Today focuses on the upcoming overtime regulations by the Department of Labor.